Town Council Meeting=

8-4-09

Open Town Meeting: Councilor Chair Oscar Emerson o= pened the Town Council Meeting at 6:30 pm. Town Council present included, Nicholas Wood, Lillian Coulter, Audrey Wilcox, and Oscar Emerson. Office staff present was Town Manager M= elissa Doane.

Review of Minutes:   <= /b>Councilor Coulter made a motion= to accept the 7-21-09 minutes as presented, Councilor Wilcox seconded,   Councilor Emerson requested that on Pag= e 1 Citizens Request, line 10 change from Chairperson Doane to Chairperson Emer= son, Page 1, Citizens Request line 18, change from Councilor Emerson asked Charl= es Norburg to speak on his condition of the road, to Councilor Emerson asked Charles Norburg to speak of his opinion of the road, Page 3, paragraph 2, l= ine 9 reword hut to Quonset hut, vote 4/0.

Citizens Request: Edward Buck addressed the Town Council regarding his property. Mr. Buck asked for clarification on wha= t the Town Council considers junk. Counc= ilor Emerson stated that he would do his best without the code enforcement; howe= ver the easy part would be un-registered vehicles Councilor Emerson asked if Manager Doane could provide information. Manager Doane read from the current land use ordinance. Mr. Buck stated that the items in his door yard were not junk that they were useable items. Mr. Buck passed an item around to Town Council and explained that it was useabl= e to fix a tractor. Mr. Buck stated he = does a lot of types of work and the items are needed. Councilor Chair Emerson stated that it was not a question of the he materials usability; it was the storage of the items. If useable materials = are not organized, not screened the materials appear to be debris piles. Mr. Buck stated that his wife suffered = with cancer for several years and it was necessary to take care of her in additi= on to digging the graves, it has put him behind. Mr. Buck stated he didn’t know why the town was picking on him. Councilor Chair Emerson stated the Town was not picking on him. Mr. Buck stated that he has torn down t= he old house as required, only has a few pieces remaining. Mr. Buck continued to list items at his property that he does not consider junk. Mr. Buck stated he has given up the cemetery responsibilities and wi= ll have more time to concentrate on the yard. Councilor Chair Emerson stated the code enforcement recommendation i= s to remedy the situation that a fence be constructed. Councilor Chair Emerson stated that if = the consideration was on constructing the fence, it would put away time consumi= ng issues that were behind the fence. Mr. Buck stated that he had put up 3 pieces of the fence. Mr. Buck stated he did agree to put up a fence by August, however the rain has stopped. Councilor Chair Emerson stated that Council’s concerns are that wint= er comes upon us and there is no progress, therefore the issues must be addressed. Councilor Chair Emerson stated if the board agreed to a schedule to move forward with the fence in = time period, would Mr. Buck be agreeable. Mr. Buck stated he would like take care of the logs in the front because they continue to rot. He also stated th= at his new house needs a roof at the entry way. Councilor Emerson stated the Council needs to be straight face with = him and the other properties that were found in violation and progress is neede= d, he further stated other violators were given a timeline. Mr. Buck stated th= at he has gotten rid of 3 cars. Counc= ilor Wilcox stated that this was very difficult for the Town Council to address these issues with him or any other land owner; however when the Town Manager gets phone calls and complaints regarding properties, the issue has to be addressed. Councilor Wilcox stated= that the Town of Bradley should not have allowed what happen on Main Street years ago to happen, the issues need to be addressed. She further stated if residents have junk and they are not a licensed junkyard, then a fence to be put up so residents do not have to look at it. Councilor Wilcox stated she di= dn’t like doing it; however she didn’t like to look at unsightly properties. When the Town Manager gets a call from a realtor concerned about the conditions of his property, she cannot just turn her back; the Town has rules they have to be followed.   Mr. Buck stated if he is called to the cemetery he cannot be home working. Councilor Wilcox asked how often he was called, Mr. Buck stated he n= ever knew. Manager Doane stated that Mr= . Buck is not contracted through the Town to work on the cemetery, he is an independent contractor hired by the funeral homes.   Councilor Wilcox stated she knew that = if Mr. Buck knew of anyone who needed help he would be the first to do so, he is greatly respected, however the Town has some things that have to be dealt w= ith, and she further stated it was not just him. Councilor Wilcox asked what the Town could do for him. Mr. Buck stated to be left alone to do = his work. Councilor Wilcox asked if he= could put up a fence. Mr. Buck stated he= could, he was working on it now he had to wait until his property dried up. Councilor Wilcox stated the Town Counci= l needed a deadline, as everyone else has received one. Mr. Buck stated he could not give a deadline. Councilor Wilcox stated if he would wor= k with the Town Council, they would work with him. Councilor Emerson stated that at the last meeting they gave a gentle= man 90 days. Councilor Wilcox asked if he could comply by November 1, he stated= he could do it by the end of November. Councilor Wilcox suggested having the November 1 timeline, if he run= s in to problems he needs to come back to the Council. Councilor Wilcox asked th= at Mr. Buck reconsider the resignation from the grave digger and cemetery superintendent. Mr. Buck stated he= was worn out and it was time to retire. Councilor Wilcox stated she hoped he wasn’t retiring because of this issue, he stated he was not. Counc= ilor Wilcox asked for Manager Doane’s thoughts. Manager Doane stated it was her opinion that the issue is in Town Council hands. Manager Doane was a= t Mr. Buck’s property in October and he stated he could easily have a fence by Au= gust 1, which has not occurred. She fur= ther stated that every time she or the code enforcement speaks to him regarding = the ongoing issue there is always a reason why progress isn’t made. Councilor Emerson asked if any other Councilor had thoughts Councilor Coulter stated she was in favor of giving = Mr. Buck and extension. Councilor Wood agreed, further stating that a deadline is needed. Chairperson Emerson explained to Mr. Bu= ck that the Town Council had given him an extension of 90 days.

Resident Muriel Pulk stated tha= t she too had received a letter regarding her property and was here to address the Town Council. Manager Doane stated= that Mr. Norburg had addressed the Town Council regarding her property and he fo= und that her property was in compliance. Ms. Pulk state she received a letter that stating that her property would be discussed today. Manager Doane sta= ted if the property was found in non-compliance it would have been addressed. Councilor Emerson read from the minutes= of the July 21 meeting which stated that her property was %200 better, the only concern that Mr. Norburg had as a health officer as to what was in the Quonset hut because before it was covered it was full of wet materials that rats and varmint could get into.   Ms. Pulk = stated that it was almost completely empty.

Manager’s Report: Manager Doane reported that she had spoken with Edmond Bearor regardi= ng moving forward with bond counsel regarding the fire station project.

Manager Doane spoke with Robert Fenney, architect for the fire station project, it is his recommendation th= at bids packages will be ready in October due back in December with the review= and choose done in January, therefore ready for the spring bid. Manager Doane stated that obviously the= Town would know where it stands regarding the grant application. She further added that the Town would l= ikely be borrowing funds from the Merrill Merchant Bank to fund the project to th= at level. Manager Doane added that sh= e met with Merrill Merchant Bank today to begin the process of changing their depository relationship.

Manager Doane met with a Bangor= Hydro planner on July 28, 2009 regarding additional street lights at the Ten Road Subdivision. It was the planner’s opinion that one light be placed on the cul-de-sac, one from the last pole = on the Ten Road to cul-de-sac and one at the entrance of Pine Knoll Subdivision. Manager Doane approved these additions. Manager Doane also spoke with him regarding the Highpoint Place Extension; it was his recommendation that the Town wait until more housing is placed in the Extension before moving forward with additional lighting.

Manager Doane reported that Mr. Rowell had the dry hydrant tank installed on July 31, 2009. She spoke with him today to follow up, = he reported that it wasn’t yet completed, however had received the materials f= rom Chief Gifford to do so. Mr. Rowell= also stated that the Fire Department filled the tank on July 31, 2009. Manager Doane will be in touch with Chi= ef Gifford and Mr. Rowell in the next few weeks to check on the progress.=

Ed Buck has resigned effective = August 7, 2009 as the cemetery superintendent and gravedigger. The Cemetery By-Laws stated that “Upon recommendation of the Cemetery Committee, the Town Council shall appoint one person who shall be known as the Superintendent of Cemeteries.” Because of the short time line, Manager= Doane would like to know how Town Council would like to handle the situation. Manager Doane reminded Town Council tha= t Mr. Buck did perform the grave digging, however was paid and hired by the funer= al homes separate from the Town. She = has made contact with the local funeral homes regarding Ed Buck no longer provi= ding the digging service. Councilor Eme= rson suggested scheduling a Cemetery Committee meeting. Manager Doane stated that in the meanti= me she would try to act as interim superintendent. Mr. Buck from the audience stated that it was important to have some= one in the position, as recently a funeral took place that he was not aware of.= Councilor Emerson suggested that a sign= be placed in the cemeteries address the need for the cemetery superintendent t= o be contacted before burials take place. Councilor Wilcox asked how the town co= uld better police the situation. =

At the last meeting the Town Co= uncil asked Manager Doane how the new subdivision ordinance handled road construction. The Council’s desire= was to have a “third party” engineer available to review road construction so t= hat it meets subdivision requirements. Mr. Bennett stated that there is no specific language to address this, however = the there is a general requirement of a performance bond. This information was placed in Town Cou= ncil boxes for their review. Councilor Emerson stated that this issue should be a “homework” issue and it should be addressed at the next meeting. Cou= ncilor Emerson also asked when the next planning board meeting was, and suggested = some Town Council attend. Manager Doane reported that the next meeting is August 20, 2009.

Manager Doane asked the Town Co= uncil to finish reading the new land use ordinance by the end of the month. Once members have completed the reading= , she would like to have Dean Bennett come to the board. Mr. Bennett has then suggested an open meeting with the Town Council, Planning Board and Board of Appeals to review the ordinance and address any issues before Town Council adopts.

Manager Doane reported that she= would like to try and take vacation next week August 12-14^th. She also stated she has planned vacatio= n for September 18 through 28.

Manager Doane reported to Town Council that she has spoken with Mr. Bearor regarding Kevin Phinney and the= dog ordinance violation; he stated he will represent the Town. Manager Doane stated he charges $75.00 = per hour and would like to know how the Town Council would like to move forward= . Manager Doane further stated that the ordinance does provide that if the judge finds a violation, then the violat= or is responsible for the attorney fees, animal control fees and other expenditures that occur. Councilor Emerson made a motion that the Town Council authorizes the Town Attorney to= precede with the dog ordinance violation, seconded by Councilor Wood, no discussion vote 4/0.

New Business:

Manager Doane stated she has pr= epared her recommendation for the tax commitment of 12.00 per thousand dollars of valuation. This mill rate will giv= e an overlay of $24,613.21. Due to the $182,607.17 increase in school appropriations and the $124,200 loss in municipal revenues there will be an increase in the municipal tax bill. Cou= ncilor Emerson asked what the overlay was last year, Manager Doane reported it was $17,173.44, she suggested the higher overlay this year because of the re-evaluation. She further stated = that all taxpayers received notices of their new valuation; there may be additio= nal property abatement. Councilor Emer= son made a motion to set the mill rate at 12.00per thousand dollar of valuation of 2009-2010 tax commitment, seconded by Councilor Coulter, vote 4/0.

Councilor Wilcox made a motion = to set the due dates for the 2009-2010 real estate and personal property taxes commitment for September 25, 2009 and February 26, 2010, seconded by Counci= lor Coulter, vote 4/0.

Councilor Wilcox made a motion = to set the interest rate on delinquent taxes for the 2009-2010 tax commitment for = 9%, seconded by Councilor Emerson, Councilor Coulter asked what the rate was la= st year. Manager Doane stated it was = 11%, the 9% is the maximum amount allowed by the State of Maine, vote 4/0.<= /o:p>

Manager Doane asked for Town Council’s signature on the County tax Assessors Return, the Assessors Certification of Assessment, the 2009 Municipal Tax Assessment Warrant and = the certificate of commitment.

Unfinished Business: = Councilor Coulter asked what the setbacks were, as there was a property on Highland Avenue in which the shed was plac= ed close to the road. Councilor Emers= on stated that there are setback requirements however the issue is one for the code enforcement officer.

Councilor Wilcox asked what was= going on at Jenking’s Bridge, Manager Doane stated she wasn’t sure exactly what t= hey were doing, however the bridge is slated for replacement next year.

Councilor Wilcox also asked abo= ut the Bradley 5^th grade students being shipped to Old Town. She stated it was her understanding tha= t the parents were asked to vote and approved the students being taught in Old Town. Manager Doane stated she had= heard rumors, however because the school is no longer part of Bradley was not included in the discussion. She fu= rther stated it would be their responsibility to become informed of the RSU meeti= ngs so that they could know what was going on.

Municipal Warrants: <= /b>Councilor Coulter made a motion= to accept municipal warrant 10 in the amount of 116,990.84 and warrant #11 in the amount of 3827.48 seconded by Councilor Wood no discussion, vote 4/0.

Next Meeting: Next meeting was set for August= 18, 2004 at 6:30 p.m.

Adjourn: Councilor Wilcox made a motion = to adjourn seconded by Councilor Coulter, seconded, no discussion, vote 4/0.